INN-KEEPERS' BONDS. 33 or applicants, and every person interested or to be interested in the business; it must be presented at the annual meeting of the excise board upon the first Monday in May, or if desired at some later period, when the board may be called together for that purpose. The commissioners must be satisfied that the applicant is of good moral character, has sufficient ability to keep an inn, tavern or hotel, and the necessary accommodatious to entertain travelers, and that an inn, tavern or hotel is required for the actual accommodation of travelers, at the place where such applicant resides or proposes to keep the same, all of which shall be expressly stated in the license granted by. the board. No license shall be granted except on the petition of no less than twenty freeholders of this State, residing in the election district where such inn, tavern or hotel is proposed to be kept, by them duly signed and verified by the oath of a subscribing witness, and not then unless, in the opinion of the commissioners, such inn, tavern or hotel is necessary or proper; and not more than one license shall be granted on the memorial of the same petitioners or any of them. The commissioners guilty of granting licenses. contrary to the provisions of the statute are to be deemed guilty of a misdemeanor. (Laws 1857, Chapter 628, Section 6.) INN-KEEPERS' BONDS. No license to keep an inn, tavern or hotel shall be granted until the applicant shall have executed and delivered to the board of commissioners of excise, a bond to the people of the State, in the penal sum of $250, with sufficient sureties, who shall duly justify in the sum of $500, to be approved by the board of commissioners, with a condition that such applicant, during the time that he shall keep any inn, tavern or hotel, will not suffer it to be disorderly, or suffer any gambling, or keep a gambling table of any description, within the inn, tavern or hotel, so kept by him, or in any outhouse, yard or garden belonging thereto. (Laws 1857, Chapter 628, Section 7.) GAMBLING IN THE INN. The keeping of any gaming table forfeits the inn-keeper's bond under this section. A billiard table has been held to be a gaming table. It has been held that the games played upon back-gammon boards were lawful, and all games of skill, including billiards, were lawful, unless played for money.' A learned judge once observed that if he could have his way he would hold that a billiard room, kept for filthy lucre's sake, was a common law nuisance, and that a bowling alley was a nuisance. Throwing dice for drinks is held unlawful in Kentucky.3 In Virginia, betting on a game of bagatelle is held to be contrary to law.* Tennessee courts hold that it is gaming to sell prize packages, and to be an indictable offense.s 2 GAMING IN TAVERNS PROHIBITED. There shall not be allowed or suffered any cockfighting, playing with cards or dice, or any kind of gaming by lot or chance, within any house kept as a I, Wharton on Innk., 65; See 8 Cowen, 39; 2, (See Tanner vs. Albion, 5 Hill, 128; contra, People vs. Sargeant, 8 Cow., 139; McDaniels vs. Connors, 6 Bush., 326; 3, 4, Neal's case, 22 Gratt., 917; 5, Eubanks vs. State, 6 Hersk., 488; INN TO BE KEPT ORDERLY. 35 public inn or tavern, or in any grocery, or other place where spirituous liquors shall be licensed to be sold, nor shall there be any playing with cards or dice for gain or money, or any kind of gaming by lot or chance on board any vessel used for the transportation of passengers, or on board any packet or other boat employed in the conveyance of passengers on any canal; nor shall any billiard table or other gaming table be kept on board such vessel or boat, or within such house or place, or in any outhouse, yard or garden belonging to such house or place. The master of any vessel or boat, and the keeper of any inn, tavern or grocery or other place where spirituous liquors are licensed to be sold, who shall offend against either of the provisions of the last section, shall forfeit ten dollars for each offense, to be received by and in the name of the overseers of the poor of the town where any such offense shall be committed by the keeper of an inn, tavern, grocery or other place before mentioned, and by and in the name of the overseers of the poor of any town where the offense shall be committed by any master of a vessel or boat. I INN TO BE KEPT ORDERLY. It was the common law doctrine that the innkeeper must keep his house orderly and must not permit it to become a meeting place for thieves, or even reported thieves. The inn-keeper should not allow a policeman, while on duty, to remain on his premises, except in the proper execution of his lawful duties.3 2 I, Marshall vs. Fox, L. R., 6 Q. B., 370; Brown, 8 N. H., 523; 2, 3, Mullins vs. Colins, 43 L. R., Mic., 67; Markham vs. SPARE BEDS AND STABLING. Every keeper of an inn, tavern or hotel, in any of the towns or villages of this State, shall keep in his house at least three spare beds for his guests, with good and sufficient bedding, and shall provide and keep good and sufficient stabling, and provender of hay in the winter, and hay or pasturage in the summer, and grain for four horses or other cattle, more than his own stock, for the accommodation of travelers; and every keeper of an inn, tavern or hotel in the cities of this State shall keep at least three spare beds, and the necessary bedding, for the accommodation of travelers. For every neglect or default in having either of the articles herein required, such keeper shall forfeit ten dollars, to be recovered by the overseers of the poor for the use of the poor. (Laws 1857, Chapter 628, Section 8.) The above section does not apply to New York or Brooklyn. INN-KEEPER CANNOT ACT AS JUSTICE. According to section 2866 of the Code of Civil Procedure of the State of New York, a justice of the peace who is an inn-holder or tavern keeper has no jurisdiction under any provision of Chapter 19 of said Code. If a judgment has been actually rendered before him previous to the time of his becoming so disqualified, he may give a transcript thereof, or issue execution thereupon, or satisfy the judgment on payment thereof. If a justice should keep a tavern in fact, by keeping up a sign, receiving travelers and selling liquor, it was held to be keeping a tavern within UNLICENSED INNS AND MESSENGERS. 37 in the statute, although he had no license. The disqualification of a justice by keeping hotel is not waived by voluntarily going to trial. The old Act of 1846 was held not to apply to special proceedings,3 but this section of the Code is much broader in its scope. UNLICENSED INNS CANNOT BE VISITED BY MES SENGER BOYS. The following provisions of Chapter 532 of the laws of 1887, regulate the employment of messenger boys at unlicensed inns and taverns in this State: SECTION 1. It shall be unlawful for any corporation or person employing messenger boys knowingly to place or permit to remain in any disorderly house, or in any unlicensed saloon, inn, tavern or other unlicensed place, where malt or spirituous liquors or wines are sold, any instrument or device by which communication may be had between said disorderly house, saloon, inn, tavern or other unlicensed place and any office or place of business of such corporation or person employing messenger boys. 2. It shall be unlawful for any corporation or person employing messenger boys, to knowingly send or permit any person to send any messenger boy to any disorderly house, unlicensed saloon, inn, tavern or other unlicensed place, where malt or spirituous liquors or wine are sold, on any errand or business whatever. This shall not apply to telegrams delivered at the door of any house. I. Clayton vs. PerDunn, 13 Johns., 218; Schemmerhorn vs. 2. Clayton vs. PerDunn, supra; |